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Assembly Bill A1030

2017-2018 Legislative Session

Relates to the definition of designated offender

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2017-A1030 (ACTIVE) - Details

See Senate Version of this Bill:
S5145
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §995, Exec L; amd §420.35, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9306, S7069
2019-2020: A459, S3370
2021-2022: A118, S6185

2017-A1030 (ACTIVE) - Summary

Specifies that a person convicted of loitering for the purpose of engaging in prostitution, a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.

2017-A1030 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1030
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. PAULIN, MOSLEY, M. G. MILLER, CROUCH -- read once
   and referred to the Committee on Codes
 
 AN  ACT  to  amend  the executive law and the criminal procedure law, in
   relation to the definition of designated offender
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  7  of  section  995 of the executive law, as
 amended by chapter 19 of the  laws  of  2012,  is  amended  to  read  as
 follows:
   7.  "Designated  offender"  means  a  person  convicted  of any felony
 defined in any chapter of the laws  of  the  state  or  any  misdemeanor
 defined  in the penal law except: (A) that where the person is convicted
 under section 221.10 of the penal law, only  a  person  convicted  under
 subdivision two of such section, or a person convicted under subdivision
 one  of  such  section  who  stands previously convicted of any crime as
 defined in subdivision six of section 10.00 of  the  penal  law[.];  AND
 (B)(I)  A  PERSON  CONVICTED OF LOITERING FOR THE PURPOSE OF ENGAGING IN
 PROSTITUTION UNDER SUBDIVISION TWO OF SECTION 240.37 OF THE  PENAL  LAW,
 (II)  A  PERSON  CONVICTED  OF  PROSTITUTION UNDER SECTION 230.00 OF THE
 PENAL LAW, OR (III) A PERSON  WHOSE  PARTICIPATION  IN  THE  OFFENSE  IS
 DETERMINED  BY  A COURT TO HAVE BEEN A RESULT OF HAVING BEEN A VICTIM OF
 SEX TRAFFICKING UNDER SECTION 230.34 OF THE PENAL LAW OR TRAFFICKING  IN
 PERSONS  UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION ACT (UNITED STATES
 CODE, TITLE 22, CHAPTER 78).
   § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
 amended by chapter 426 of the laws  of  2015,  is  amended  to  read  as
 follows:
   2.  Under no circumstances shall the mandatory surcharge, sex offender
 registration fee, DNA databank fee or the crime victim assistance fee be
 waived provided, however, that  a  court  may  waive  the  crime  victim
 assistance  fee  if  such  defendant  is an eligible youth as defined in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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